WSR 02-23-003



(Economic Services Administration)

[ Filed November 6, 2002, 3:34 p.m. ]

Date of Adoption: November 1, 2002.

Purpose: Amending this rule is necessary to implement a federal regulation that exempts some able-bodied adult-without-dependents (ABAWD) clients from time-limited food assistance benefits. If there is a food assistance household member under the age of eighteen, then all adult household members are exempt from the ABAWD time limits and ABAWD requirements. Some clients are receiving incorrect food assistance benefits based on the current Washington Administrative Code.

Citation of Existing Rules Affected by this Order: Amending WAC 388-444-0035.

Statutory Authority for Adoption: RCW 74.04.050 and 74.04.510.

Other Authority: Chapter 7 C.F.R. 273.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The federal rule (chapter 7 C.F.R. Part 273) changed and if the Washington Administrative Code is not revised, more incorrect benefits will be issued, and needy clients may not receive benefits that they may be eligible to receive. The department will initiate a rule-making proceeding to adopt permanent rules on this subject that conform to federal rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: Immediately.

November 1, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 00-04-006, filed 1/20/00, effective 3/1/00)

WAC 388-444-0035   When am I (able-bodied adult with no dependents) exempt from ABAWD provisions?   Some food assistance household members are exempt from ABAWD provisions. You are exempt from the ABAWD rules provided in WAC 388-444-0030 if you are:

(1) Under eighteen or fifty years of age or older;

(2) Determined to be physically or mentally unable to work;

(3) A ((parent or other)) member of a household with responsibility for a ((dependent child under eighteen years of age or a)) person determined to be incapacitated;

(4) An adult in a household that has a member who is under the age of eighteen, even when the child is an ineligible household member;

(5) Pregnant;

(((5))) (6) Living in an area approved as exempt by U.S. Department of Agriculture;

(((6))) (7) Complying with the work requirements of an employment and training program under temporary assistance for needy families (TANF);

(((7))) (8) Applying for or receiving unemployment compensation;

(((8))) (9) Students enrolled at least half time as defined by the institution in:

(a) Any accredited school;

(b) Training program; or

(c) Institution of higher education. A student enrolled in higher education must follow the student criteria defined in chapter 388-482 WAC.

(((9))) (10) Participating in a chemical dependency treatment program;

(((10))) (11) Employed a minimum of thirty hours per week or receiving weekly earnings which equal the minimum hourly rate multiplied by thirty hours;

(((11))) (12) Eligible for one of the annual federal-approved exemption slots under what is called the fifteen percent exemption rule.

[Statutory Authority: RCW 74.04.050 and 74.04.510. 00-04-006, 388-444-0035, filed 1/20/00, effective 3/1/00. Statutory Authority: RCW 74.04.510. 99-07-024, 388-444-0035, filed 3/10/99, effective 4/10/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-444-0035, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office